Dealing with Someone Else's Affairs

When a person lacks the capacity to make certain decisions, the law permits you to complete the necessary actions to care for that person. For example, help with personal care (washing, dressing), buying their shopping or paying their bills. This is called the ‘doctrine of necessity.’ When you are dealing with someone else’s affairs you should always act in that person’s best interests. This means that you must take into account their known wishes, beliefs and wellbeing. IMPORTANT: There are rules for decisions regarding any other financial matters, healthcare matters and for court proceedings that the person may become involved in. The CLS contact details are provided below for you to contact with regard and clarification of these matters.  

When Can I Deal With Someone’s Financial Affairs?

It is important that control over financial affairs is never taken away from a person against their wishes, whilst they are still able to manage for themselves. Temporary or permanent help may become necessary if, for example, (this list is not exhaustive)

• A person becomes ill or has an accident that requires bed rest or prevents them from leaving their home;
• They lose their partner or person who used to deal with their affairs;
• They become forgetful or confused about money matters;
• They have a mental illness or disability, or brain damage that leaves them without the capacity to make financial decisions.

Whatever the circumstances, it is important that the incapacitated person remains involved as much as possible in any decisions that are made. Depending on what you need to do regarding another person's affairs and how complicated they are, may require you to obtain formal powers. If you are caring for someone who has lost the capacity to make financial decisions, the law allows you to use that person’s money under the ‘doctrine of necessity’, for example to buy their food, as long as you are acting in their best interests. Informal arrangements are generally enough while the person can agree to and supervise what you do for them. It may be wise to make formal arrangements to protect yourself and the person. For complex issues such as investment and property matters, specific legal authority will need to be granted.  

How Can I Help Someone To Collect or Spend their Benefits and Pensions?

• If the benefit or pension is paid directly into a Post Office Card Account, the person who is claiming the benefit needs to apply for a Post Office card and a personal identification number for you, so you can access the account.
• If it is paid into the claimant’s bank or building society, they need to make arrangements with the bank or building society to allow you to have access.
• If it is paid by cheque, you and the claimant must sign the back, you can then cash it at any Post Office providing you take proof of identity of yourself and the claimant. Or you can pay it into their account and they can make arrangements for you to further access the account.
• If the person receiving the social security benefits is no longer capable of dealing with the claim, and no-one else has been appointed to manage their affairs, the Department of Work and Pensions (DWP) will appoint someone to claim, receive and administer the money on the person’s behalf. You must apply in writing to the DWP. Officials must be certain the claimant cannot manage their own affairs and that the appointee is suitable.

For free legal help and further information contact CLS on 0845 345 4 345 or visit www.clsdirect.org.uk  

Last Updated December 2010